MURRIETA: COUNCIL NIXES CHANGE THAT WOULD MAKE IT EASIER TO DECLARE BUSINESSES A NUISANCE
COUNCIL NIXES NUISANCE CODE CHANGE

Approval would have streamlined litigation, but opponents say due process would be lost

A city lawyer’s request to change the municipal code to make it easier for the city to prevail in lawsuits against “nuisance” businesses such as medical marijuana dispensaries was shot down this week by the Murrieta City Council.

Although Deputy City Attorney Robert Mahlowitz said the change could ultimately save the city money by streamlining the court process, a dozen residents spoke against the proposal, saying it was government overreach.

In his presentation for the proposed ordinance, Deputy City Attorney Robert Mahlowitz said the city has had to file nuisance lawsuits three times in the last six years, twice to stop marijuana dispensaries from operating and once to prevent a tobacco shop from selling drug paraphernalia.

Mahlowitz was asking the City Council to approve a change that would speed the process of litigating those types of legal actions by eliminating the need to prove in court that a violation is also a nuisance. Under the current municipal code, the city has to prove that a violation of the code occurred, and that it was a nuisance. With the amendment, the city would not be obligated to prove the offense was a nuisance.

“Without this (amendment) it’s a longer process … and a more doubtful process,” Mahlowitz said.

Mahlowitz said the proposal could apply to residential code violations as well as commercial code violations.

Residents turned out in force to protest the proposal. A dozen people spoke publicly and not a single one supported the amendment. They voiced objections saying the change would amount to a denial of due process.

Donald Gravett said he is a retired fire captain who lives in Anza, but owns property in Murrieta. He said that aggressive code enforcement tactics have become an issue for residents of his rural desert town, and he doesn’t want to see the same thing happen in Murrieta.

Council members appeared somewhat cool to the plan from the outset. Councilman Randon Lane told Mahlowitz that he was concerned about a “broad brush” approach being applied that would make any violation of the city’s code tantamount to a “nuisance,” and asked if specific parts of the code could be carved out for inclusion under the nuisance provision.

Mahlowitz said that was possible, but excluding sections of the code from the nuisance provision could make it more difficult to come back later and declare those violations nuisances.

Mayor Rick Gibbs admitted he was somewhat dubious of the plan from the beginning. He asked if there was really a need to adopt a change in response to a situation that has come up only three times in six years, with no unfavorable outcomes for the city.

The former Air Force pilot cited the familiar military aphorism: “If it ain’t broke, don’t fix it.”

When the council unanimously voted not to adopt the proposed ordinance, there was applause from the residents.